Child Maintenance - no requirement to pay?

[CoffeeCup14]

Under what circumstances would a paying parent on universal credit have to pay £0 child maintenance? It's really frustrating me.

If on UC and have no earned income so no job, not self employed, just getting the standard UC allowance then they would have no requirement to pay. They’d also have no requirement to pay if on JSA/ESA, or pension credits. Do any of those apply?

The above answer is wrong.

If a Paying parent is on Universal Credit, (or any other benefit) they would be eligible for a flat rate calculation of £7.

If the paying parent has any overnight care of the child(ren) recorded on the claim, this is then reduced to £0.00.

My ex had no requirement to pay when he was on UC and having our dc overnight EOW.

Now he’s off benefits and is supposed to pay, he still isn’t 🤣

Thanks, that is really helpful.

The bar is set very very low!

If he has more than one ex with a child then the £7 is split between the mums and how many kids each have.

Incorrect, my answer WAS correct and you can check that against the government website.

If you are on Universal Credit AND have any earnings, you are on flat rate of £7 per week.

If you are on Universal Credit and have NO earnings, only receiving the standard allowance (possibly with child or housing element) then you pay £0 CMS.

Please fact check before telling others- who actually are correct- that they are wrong.

My ex doesn't have to pay as he is self employed and apparently earns less than £7 per week. Somehow that £7 pays for a car, a van, a motorbike, sky glass TV.
Oh and he also "employs" his step-son.

Its a bloody joke.

Play the long game & report to HMRC for failing to declare. Let them investigate.

I've reported it to CMS and HMRC, they don't gaf. Told me they can't investigate unless I provide evidence. DC are about to age out of qualifying anyway.

Ex dh pays me £28 a month. The whole £7 a week. He doesn’t work. Won’t work. No savings. So gets uc and housing paid

so seems it’s varies

The CMS calculator says £7 per week for a parent claiming benefits with no other income too.

CA seem to assert same as @Sparkle123r

https://www.citizensadvice.org.uk/family/children-and-young-people/child-maintenance1/getting-child-maintenance/applying-to-the-CMS-for-child-maintenance/

£7 if on (say) UC and no earnings.

I'm afraid to that you are still wrong, and have actually quoted further false information.

If a paying parent is on Universal Credit AND have any earnings, they will not automatically pay £7. They will pay based on their income.

If a paying parent is on Universal Credit and have NO earnings, they are eligible for a flat rate of £7. This will be reduced to £0.00 of they have overnight care of the qualifying children.

You can see the below. Or you can read the legislation which clearly lay out the facts.

https://www.gov.uk/government/publications/how-we-work-out-child-maintenance/how-we-work-out-child-maintenance#step-3child-maintenance-rates-

You could even run the scenario through the calculator on Gov.uk if you wish to, and that will confirm the facts I provided in my original response 👍🏻

Ex did have overnight x 2. Doesn’t at moment

seems unfair they pay nothing if overnight as no money is spent by him and doesn’t feed her evening meal etc

How long did it take for you to get an answer from CMS out of interest? My ex husband hasn’t paid a bean towards our 3 young children in 6 months - he says he is out of work - I’ve opened a claim with CMS but not heard anything at all?!

It was quick. Think I applied Feb and got first payment may. Should have been April but he didn’t have the money on the 1st so had to wait for uc

i then called cms and said to change the date as I would never get it paid on the 1st as he would have spent his money - so it comes out the day he gets his uc

They kept me updated online have you checked your account or called them

Thanks I haven’t seen an update on line and I checked a few days ago - I haven’t called as I admit I was wary about spending hours on hold

i don’t have his NI number could that be holding it up? And it said they’d have to call him …..which assuming he has refused to answer I’m guessing they can’t verify any details

Ah maybe. I had dh ni due to him being se

Call at 8am- no queues.

£7 if on UC without earnings, if with earnings then it's a (small) percentage of his earnings.

Should not be on a nil assessment if he is on benefits. Call them.

Following as my ex has managed to pull off a similar stunt. Brasic on UC whilst managing to pay almost a thousand on car repairs.

Really don't see the point in child maintenance. He's ran rings round them at every point for over 3 years.

The ‘paying’ parent will have other priority debt. Believe it or not, the CMS is approximately 12th on the list of debts with council tax debt being top or at least near the top. Whichever ones they owe get taken first and only once they’re debt free do you finally get something. The CMS really don’t give a shiny shit about children, despite what they say.

Agreed. Mine keeps quitting his jobs and going on UC which triggers reviews. Whilst the reviews go through your payments are paused. Deduction from benefits order in place all year. Got one payment this summer. Got a job this summer. CMS realised. Back on UC. According to the CMS I spoke to this month they go off what HMRC tells them as that's definitive evidence of their income (because cash in hand jobs dont exist 🤨).If the roles were reversed he'd be apoplectic at me avoiding paying at costs. Utterly useless.

Someone on single universal credit and with no capital or salary need to pay due to universal credit pay being so low . The case may occur that the mother may need to work depending on the age of the children , least to forget mum gets 30 pounds a week child support per child thus upping her universal credit to a much higher level than a ex husband .

Are you saying men shouldn't have to pay because women can work and do the child care?

Are you my ex?